HomeMy WebLinkAboutZoning Regulation Amendment-10/28/1986 TOWN OF SOUTH WINDSOR
PLANNING AND Z014ING COMMISSION
PLANNING AND 'ZONING COMMISSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY
IAPPLICATION # P 9 c THE PLANNING AND ZONING COMMISSION AT
RECEI'IED DATE: Z6- 2t_ill THE REGULARLY SCHEDULED MEETING ON THE
APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL
REJECTED DATE: BE SUBMITTED TO THE PLANNING AND
RECEIPT # ZONING COMMISSION OFFICE ONE (1) WEEK
PRIOR TO THE FOURTH TUESDAY.
APPLICANT: Attorney Harold R. Cummings
ADDRESS : 1665 Ellington Rnnr1 smiltb Windsor Cr TELEPHONE # 644-3473
OWNER OF RECORD ON S.W. LAND RECORDS Not Applicable
ADDRESS : N/A
COMPLETE DESCRIPTION OF LOCATION OF PROPERTY N/A
ZONE N/A
NAME, ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE
DIRECTED: Attorney Harold R. Cummings
1665 Ellington Road South Windsor,Ct. TELEPHONE # 644-3473
THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) ' - '
1. Zone Change to Zone (public hearing)
2. Filing for Subdivision OCT to
3. Filing for Open Space Subdivision (public hearing)
4. Filing for Resubdivision (public hearing) Punning & zorlllg Co;n;rision
5. Special Exception to Article of the Zoning Regulations (public hearing)
6. Site Development Plan
7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (public hearing)
X 8. Other (explain in detail) Applicant requests the Planning and Zoning Commission
to consider amending Section 2. 3.A of the Subdivision regulations in accordance with the pro-
posed amendment attached to this application.
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE OWNER OF THE PROPERTY AND
SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT WILL BE ACCEPTED BY THE PLANNING AND
ZONING MM SION
PLICANT OWNER
Harold '?,. Cummings Not Applicable
(over)
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REQUEST TO AHEEND SECTION 2.3 (a) OF THE
SUBDIVISIONS REGULATIONS OF THE TOGN OF
SOUTH WINDSOR
Applicant requests that the Planning and Zoning Commission amend Section
I
2. 3 (a) to add the following additional paragraph:
In accordance with Section 8-26 of the Connecticut General Statutes, The Commission
may waive the above requirement for open space by three-quarters vote of all members
of the Commission in cases where the the Commission determines that conditions exist
which affect the subject land and are not generally applicable to other land in the
area; said conditions being that the available land for open space would -not be su table
for public use such as parks and playgrounds and would not be in accord with the town's
general open space plan. In the event that the coiamission determines that conditions
� • within the general area of the proposed open space are not such as to support an open
a" space area within the subject parcel then the Commission may require, in lieu of such
open space as provided above, that a sum of money to be determined by the Commission
be paid by the applicant to the town open space fund for the purposes or improving or
acquiring open space in oth--r _ yeas more suitable for such open space."
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CO AREA CODE 203/644.2511
Reply to: 1734 Ellington Road
South Windsor, CT 06074
Area Code 203/644-2456
December 31, 1985
Mr. Robert F. Gilligan,
Chairman, Planning and Zoning Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, Connecticut 06074
Re: Legality of Cash Contributions in lieu
of Sidewalk Installation
Dear Bob:
In response to your letter concerning the above, you can adopt
a regulation authorizing the Commission to accept cash contributions in
lieu of installing sidewalks in a subdivision. However, the regulation
must limit the use of the cash contribution "to the direct benefit of the
regulated subdivision." Aunt Hack Ridge Estates, Inc. et al v. Planning
Commission of the Town of Danbury et al; 27 Conn. Sup. 74 (1967) which held
that the provision in the Danbury regulation permitting the contributions
to be used for purchase of land anywhere for use of residents of the Town of
Danbury amounted to a ,tax and was unconstitutional. Requiring a developer
to construct a sidewalk elsewhere that does not benefit the subdivision in
lieu of installation in a subdivision would be requiring an expenditure of
money not for the direct benefit of the subdivision and would be a tax just
as a cash contribution not used for the benefit of the subdivision has been
held to be a tax and would, therefore, also be illegal. You should not,
therefore, require developers to make improvements that do not directly
benefit their subdivision.
--2- Dec. 31, 1985
If, however, the sideway,( provided access from the subdivision to a
nearby school or recreational area, it would be of direct benefit to the sub-
division and would be proper even though not within the subdivision itself.
Each situation would have to be evaluated according to the applicable facts.
Further, I believe that the regulation should either specify the
amount of the cash contribution and should be related to the cost of the side-
walk which would have been installed in the subdivision (which you may not
want to do since costs are continually changing) or at the very least, specify
that the contribution amount shall be reasonably related to the cost of con-
struction of the sidewalk construction being waived.
Accordingly, it is my opinion that you should adopt a regulation
permitting the Commission to "accept cash contributions in lieu of installation
of sidewalks in or related to a subdivision provided that such contributions
shall be used solely for the direct benefit of the particular subdivision."
The monies would be paid into the general fund, and the Council would then, have
to appropriate the monies for their use, probably upon your request and recom-
mendation. The Council could designate the use of the monies for other than
sidewalk purposes as long as the monies are used for the direct benefit of the
subdivision for which the contribution was made. An accounting of the monies
contributed and expended would have to be kept to be sure the money collected
and expended is for the same subdivision.
Very truly yours,
Richard M. Rittenband
Town Attorney
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SOR coNc AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY , NOVEMBER 27 , 1986
THURSDAY , DECEMBER 4 , 1986
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
PLANNING & ZONING COMMISSION
NOTICE is hereby given that there will be a public hearing of the Planning
and Zoning Commission on Tuesday , December 2 , 1986 , at 8 : 00 P . M. in the
Council Chambers of the South Windsor Town Hall , 1540 Sullivan Avenue ,
South Windsor , Connecticut , to consider the following :
1 . Application of Anthony Marouski for a resubdivision of property located
on the southwest corner of Pleasant Valley Road and Clark Street , in
an RR zone .
2 . Application of Larry W. Cowles and Sonia R . Cowles , for a Special
Exception to Section 4 . 1 . 8 of the Zoning Regulations to permit the
conversion of a house located at 965 Main Street into a two-family
house , A-40 and FP zone .
3 . Application of Harold R . Cummings for an amendment to Section 2 . 3 . A of
the subdivision re-ulations to add the following paragraph :
"In accordance with Section 8-26 of the Connecticut General Statutes ,
the Commission may waive the above requirement for open space by a
three-quarters vote of all members of the Commission in cases where the
Commission determines that conditions exist which affect the subject
land and are not generally applicable to other land in the area ; said
conditions being that the available land for open space would not be
suitable for public use such as parks and playgrounds and would not be
in accord with the Town ' s general open space plan . In the event that
the Commission determines that conditions within the subject parcel
are not such as to support an open space area within the subject
parcel , then the Commission may require , in lieu of such open space as
provided above , that a sum of money to be determined by the Commission
be paid by the applicant to the Town Open Space Fund for the purposes
of improving or acquiring open space in other areas more suitable for
such open space . "
4 . Application of Frank Mannarino , Vintage Homes , Inc . , for a Special
Exception to Section 4 . 3 . 30 . 3 . 2 and site plan of development for
Victorian Woods , consisting of 11 two-family and 33 single-family
dwellings , located on the north side of Ellington Road , between Foster
& Pierce Roads , DA- 15 zone .
Page 2 .
Legal Notice
Planning & Zoning Commission
5 . Application of Ludwick and Marion M. Szeluga , for a zone change from RR
to A-30 on 24 . 6 acres of land located on the east side of Lawrence
Road .
6 . Amendments to the Zoning Regulations , as follows :
Amend Section 5 . 3 . f to change "35 years" to "99 years" .
Amend Section 4 . 3 . 30 . 4. 1 . D - Density to delete the words "compose more
than twenty-five percent ( 25%) " in the ninth line , and substitute the
words "be included in calculations" .
Amend Section 4 . 6 . 4 . 1 . D - Density to delete the words "compose more
than twenty-five percent ( 25%) " and add the words "be included in
calculations" .
Amend Section 5 . 3 .a - Open Space Subdivision , to delete the second
sentence starting "Land utilized by utilities . . . etc . " in its entirety
and insert the following sentence in its place :
"For the purposes of determining the maximum number of lots to be
permitted , the combined areas of regulated inland wetlands and
watercourses , waterbodies , detention areas , utility easements ,
rights-of-way , or areas with slopes at or in excess of fifteen percent
( 15%) shall not be considered as part of the gross acreage . "
Copies of these applications and maps more clearly defining the properties
are on file in the Office of the Town Clerk . At this hearing interested
parties may appear and be heard and written comments will be received .
PLANNING AND ZONING COMMISSION
Louise C . Evans , Chairman
David H . Sorenson , Secretary
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SOR•CON� AREA CODE 203/644-2511
December 30 , 1986
Richard M. Rittenband, Esq.
1734 Ellington Road
South Windsor, Ct. 06074
Dear Dick:
Re: Proposed Amendment to Subdivision Regulations
Concerning Open Space Requirements in Subdivisions
Attached is a copy of a proposed amendment to the subdivision
regulations which has been submitted to the Commission by Harold
Cummings. A question has arisen regarding whether the Statutes
permit the Town to accept a fee in lieu of open space.
I would appreciate your legal opinion as to whether the proposed
amendment is legal.
.'ours very truly,
PLANNING & ZONING COMMISSION
vg By :
enc. Louise C. 'Evans, Chairman
CC : M. Banach, Planning Director
LAW OFFICES
KUEHN, CAVANAUGH AND CUMMINGS, P. C.
1665 ELLING70N ROAD
SOUTH WINDSOR, CONN, 06074
(203) 644-3473
DANIEL P. CAVANAUGH
OF COUNSEL
EDWARD R. KUEHN
HAROLD R . CUMMINGS WEST HARTFORD OFFICE:
FRAZIER G. SCOTT 968 FARMINGTON AVENUE
LORRAINE R. PAULHUS WEST HARTFORD, CONN.06107
RONA C. LYNCH
M ICHAEL J. LANZA (203) 236-2973
(gyp
January 23, 1987 PLEASE REPLY TO:SOUTH WINDSOR
Mrs. Louise Evans
Chairman Planning and Zoning Commission
Town of South Windsor
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor,Ct. 06074
RE: Proposed amendment to subdivision regulations
concerning open space requirements and subdivisions
Dear Mrs. Evans:
It is my understanding that due to the heavy workload facing the Planning and
Zoning Commission and the interruptions caused by the holidays, that the Planning
and Zoning Commission has not had an opportunity to review or discuss the proposal
to amend the open space requirements in the subdivision regulations. In addition,
it is also my understanding that you are waiting an opinion from the Town Attorney
on my request. With that in mind, I would appreciate a sixty five day extension
of the time period for the review of the requested amendment to the regulations.
Your cooperation is greatly appreciated.
foeelyYu,,
ld Hugs
HRC/j do
cc; Paul G. Kuehn
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March $ 16 7
Louise C. Evans, Chairman
Planning & Zoning Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, Connecticut 06074
Re: Proposed Amendment to Subdivision Regulations
Concerning Open Space Requirements in Subdivisions
Dear Louise:
This is in response to your letter of December 30, 1986 relative
to the above which is a proposed amendment to the subdivision regulations
submitted by Harold Cummings. I have discussed the proposed amendment with
both Hal Cummings and Marcia Banach, and have rewritten the proposed amend-
ment to Section 2.3.a by adding the following paragraph 'in lieu thereof:
"In the event the applicant for approval of a conventional sub-
division should offer to make a financial contribution in lieu
of any or all of the open space proposed by the applicant and/or
the Commission, the Commission may, in accordance with Section 8-26
of the Connecticut General Statutes, waive the above requirements
in this Section, 2.3.a, by a three-quarters vote of all the members
of the Commission in cases where conditions exist which affect the
subject land and are not generally applicable to other land in the
area. The conditions under which a waiver may be considered would
be a determination by the Commission that the available land for
open space would not be suitable for public use such as parks and
playgrounds and would not be in accord with the Town's general open
space plan, and that the financial contribution offered could be
better used to benefit the subdivision than open space, and provided
that the amount of financial contribution is reasonably related to
the value or cost of the open space subject of the requirement being
waived and provided that such financial contribution is made and
shall be used solely for the direct benefit of the subject subdivision.
No waiver shall be granted that would have a significant adverse
effect on adjacent property or on public health and safety. The
Commission shall state upon its records the reasons for which a
waiver is granted in each case."
-2-
Since open space is involved which some can interpret as a taking
of land, I did not want to make the substitution of a financial contribution
a requirement in lieu of Ole open space requirement. I believe it is better
to have the applicant propose the financial contribution which can then be
accepted in lieu of the open space if the Commission believes that the open
space would not be suitable to this particular subdivision and that the
financial contribution would be more beneficial to the subdivision. The
Commission still has the option of requiring the open space or waiving it
upon such an offer being made and fulfilled.
I believe the amount of the financial contribution should be established
at the time you agree to accept it and waive the open space requirement, that
it should be made into the general fund and be set aside and designated - and
upon your recommendation, the Town Council would appropriate that money for
a purpose which directly benefits the subdivision. The money would not have
to be used for open space elsewhere but could be used where such projects
as improvements of a Town road or drainage or adding sidewalks or improving
a fire house which services the particular subdivsion, etc. , directly benefits
the subdivision. It may benefit other areas of Town but as long as it benefits
the subdivision directly, it is valid.
I enclose herewith a copy of my December 31, 1985 letter to Bob
Gilligan which, to some degree, forms the basis of my opinion and my re-
vision of the amendment.
I believe my revised amendment would be legal based upon the conditions
I have outlined. If you have any question on any of this, please let me know.
Thank you.
Very truly y rs
ichard M. Rittenband
Town Attorney
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enclosure
ASSISTAAIT TOWN CLERIC
9 v 1540 SULLIVAN AVENUE SOUTH WINDSOR, CON��IlN. 06074
SOIt-co `v AREA CODE 203/644-2&IIiR 'i $ 19S7
TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY MARCH 21 , 1987
At the March 17 , 1987 meeting, the Planning & Zoning Commission voted
to take the following action:
1. Approve with modifications, the application of William Aman and
WillMar Construction, for a 19-lot resubdivision known as
"Clover Meadow" located at the northwest corner of Clark Street
and Chapel Road, A-20 Zone.
2 . Denied, without prejudice , the application of Harold R. Cummings
for an amendment to Section 2 . 3A of the subdivision regulations.
Dated at South Windsor, Connecticut this 18th day of March, 1987 .
Louise C. Evans, Chairman
David H. Sorenson, Secretary
Item 1 and 2 were passed by unanimous vote of the Commission.
Michele Rowley
Assistant Planner .,
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AREA CODE 203/644-2511
March 25 , 1987
Attorney Harold R. Cummings
1665 Ellington Road
South Windsor, CT 06074
RE: Amendment to Section 2 . 34 of Subdivision Regulations
Please be advised that on Tuesday, March 17 , 1987 the Planning
and Zoning Commission voted to deny without prejudice the above
application.
Very truly yours ,
PLANNING & ZONING COMMISSION
By: Louise C. Evans
Chairman
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